Tielke v. Bank of Am., N.A. (5th Cir., 2014)
Sep 04, 2014OUTCOME: Summary Judgment against homeowner reversed
Homeowners sued Bank of America for errors in escrow accounting and payment application.
Houston, TX
Debt and lending agreements Lawyer at Houston, TX
Practice Areas: Debt & Lending Agreements
OUTCOME: Summary Judgment against homeowner reversed
Homeowners sued Bank of America for errors in escrow accounting and payment application.
OUTCOME: successful appeal of jury findings awarding fees
Complex breach of contract and deceptive trade practices claim. Continental sued for failuere to pay on the contract. De-Kaizered counter-claimed Continental failed to complete dredging to specified d ... epth, but facts showed silt was re-deposited by tidal surge after a hurricane swept through the channel and dock space. Jury found there was no breach of contract, no breach of implied warranty, but did find DTPA violation. On appeal, the decision was reversed and attorney fees awarded to Continental